Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Liban

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1962)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 2005)

The Committee notes with deep concern that the Government’s overdue reports on Conventions Nos 81 and 150 have not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A.Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Labour law reform. The Committee notes the information provided by the ILO Decent Work Technical Support Team for Arab States that following efforts undertaken over the past few years towards a reform of the labour law, a new draft Labour Law has been elaborated and submitted to the Council of Ministers by the Ministry of Labour this year. The Committee requests that the Government provide information on provisions in the new draft Labour Law with relevance to the matters raised below and in the Committee’s Observation, as well as other significant changes in the provisions relating to labour inspection and the application of Convention No. 81. The Committee also requests the Government to indicate if further steps have been taken towards adoption of the draft Labour Law.

Articles 4, 5(a), 20 and 21 of the Convention. Organization and operation of the labour inspection system. Coordination and cooperation within labour inspection services and with other Government services. The Committee previously requested the Government to redouble its efforts to compile statistical data on the activities of the labour inspectorate as required under Article 21 of the Convention, emphasizing the crucial importance of providing the central inspection authority with data that are essential to the preparation of annual labour inspection reports. The Committee noted the Government’s indication in response that, pursuant to section 3 of the bill on the restructuring of the Ministry of Labour (MoL), the Department of Labour Inspection, Prevention and Safety (DoLIPS) would be placed under the central administration of the MoL, which makes available statistical information on the labour inspection activities in its annual reports. With reference to its comments below on the Labour Administration Convention, 1978 (No. 150), the Committee once again requests the Government to provide information on the adoption of the bill on the restructuring of the Ministry of Labour. In addition, the Committee requests the Government to pursue its efforts to submit annual labour inspection reports and ensure that they contain full information from the Department of Labour Inspection, Prevention and Safety and the local Departments of Labour, including statistics on: staff of the labour inspection services (Article 21(b)); workplaces liable to inspection and the number of persons working therein (Article 21(c)); inspection visits undertaken (Article 21(d)); specific penalties imposed for violations (Article 21(e)); and occupational accidents and diseases (Article 21(f) and (g)).

Article 5(a). Effective cooperation between the inspection services and the judicial system.The Committee once again requests the Government to take measures to promote effective cooperation between the labour inspection services and the judicial system and to provide information on the impact of the measures taken.

Article 5(b). Collaboration between the labour inspectorate and employers and workers or their organizations. The Committee previously noted the observations of the General Confederation of Lebanese Workers (CGTL) regarding its collaboration with labour inspectors in terms of maintaining records and statistics related to working conditions and awareness raising. The Committee once again requests the Government to provide information on collaboration between the labour inspectorate and employers and workers or their organizations.

Article 7(3). Continuous training for labour inspectors. The Committee previously requested the Government to continue to provide information on training organized for labour inspectors and noted with concern the Government’s indication in response that no training had recently been conducted. The Committee requests the Government to provide information on the training provided to labour inspectors, including their content, frequency, number of participants and the results achieved.

B.Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 2, 4, 6(2)(a), and 9 of the Convention. Coordination with para-statal agencies engaged in labour administration activities, including the preparation of the national employment policy. With reference to its previous comments concerning the activities and the impact of the work of the National Employment Office, the Committee refers to its comments on the Employment Policy Convention, 1964 (No.122).

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. The Committee previously noted the provisions in Decree No. 4206 of 1981 on the formation of the tripartite committee on the cost of living index as well as Decision No. 64 of 2012 on the formation of the tripartite committee on sustainable dialogue. With regard to consultation at the national level, the Committee previously noted the observations made by the CGTL regarding the need to reform and activate the tripartite Social and Economic Council (SEC) under the terms of the Lebanese Constitution, which the CGTL viewed as essential to the implementation of the Convention. In light of the current economic and financial crisis in the country, these observations appear to have gained additional importance. The Committee once again requests the Government to provide updated information on the arrangements to secure, within the system of labour administration, consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. In this respect, it requests the Government to provide information on the reform, composition and activities of the Social and Economic Council.

Article 7. Gradual extension of the functions of the system of labour administration. The Committee previously noted the recommendation of the United Nations Human Rights Committee, which monitors the implementation of the International Covenant on Civil and Political Rights, to expand labour law protection to cover domestic workers, with a view to protecting against exploitation and abuse of these workers. The Committee had noted the Government’s previous indication that bills relating to agricultural workers and female domestic workers were under examination. The Committee notes that a new draft Labour Law has been elaborated in the meantime. The Committee requests the Government to provide information on progress achieved with respect to these bills or the inclusion of relevant provisions in the draft Labour Law. More broadly, the Committee requests that the Government provide information on any legal provisions to extend the coverage of the labour administration system to categories of workers not previously covered, such as those referred to in Article 7(a)–(d) of the Convention, with a view to meeting the needs of the largest possible number of workers.